Section 50D — Limitation Act 1969 (NSW)

(1) For the purposes of this Division, a cause of action is discoverable by a person on the first date that the person knows or ought to know of each of the following facts—
(a) the fact that the injury or death concerned has occurred,
(b) the fact that the injury or death was caused by the fault of the defendant,
(c) in the case of injury, the fact that the injury was sufficiently serious to justify the bringing of an action on the cause of action.
(2) A person ought to know of a fact at a particular time if the fact would have been ascertained by the person had the person taken all reasonable steps before that time to ascertain the fact.
(3) In determining what a person knows or ought to have known, a court may have regard to the conduct and statements, oral or in writing, of the person.
(4) To remove doubt, a compensation to relatives action is not discoverable before the date of death of the deceased.

Related sections

• s 50A — Application of Division—kinds of causes of action
• s 50B — Definitions
• s 50C — Limitation period for personal injury actions
• s 50E — Special limitation period for minors injured by close relatives
• s 50F — Effect of disability on limitation period
• s 51 — Ultimate bar

Research how courts apply s 50D

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.